House bill looks to expand government transparency

Proposed revisions to the Freedom of Information Act would make some …

Changes to the Freedom of Information Act are likely on their way. HR 1309, a bipartisan bill sponsored by Rep. William Lacy Clay (D-MO), Todd Russell Platts (R-PA), and Henry Waxman (D-CA), was introduced to the House Committee on Oversight and Government Reform on Monday, passed yesterday, and could be up for a vote by the full House of Representatives next week.

Designed to make the FOIA a bit more user friendly, the FOIA Amendments of 2007 would make some significant changes to the request-processing system. Some of the changes are aimed at government bureaucracy: HR 1309 would establish a tracking system for FOIA requests so submitters could more easily see the status of their requests. Reporting requirements would be strengthened, giving Congress and the public more transparency as to how requests are handled. In addition, requests not processed within 20 working days will not be charged for.

In the case of denied FOIA requests, the bill would create an ombudsman's office in an attempt to avoid litigation. When a denied request results in a lawsuit, HR 1309 would streamline the attorney's fee recovery process when a court overrules a federal agency's denial. Also, the Office of Special Counsel would gain the authority to take disciplinary action against officials who groundlessly deny requests.

Lastly, two measures that would improve access to government information are included in the bill. Government records held by private contractors would become subject to FOIA requests, a notable change to current law. Also, a broader selection of journalists would be eligible for reduced fees. In addition to considering the requester's affiliation with print, broadcast, or Internet media, the agency would also consider the requester's "stated intent... to distribute information to a reasonably broad audience."

Given the predilection of the current administration for secrecy, the bill comes at an opportune time. When it was originally passed, the FOIA was ground-breaking in its attempts to open up the inner workings of the federal government to US citizens. Since that time, it has become clear that the Act has limitations that allow government agencies to stonewall requests, making the FOIA's goal of a more transparent government more elusive. This new bill is structured in a way that will address some of the FOIA's weaknesses, hopefully enabling greater access to government records for journalists, watchdogs, and all other interested parties.